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Patna High Court

Md. Qamre @ Md. Quamre AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application and ordered the petitioner’s release on bail.

Summary

The petitioner, Md. Qamre Alam, applied for bail in a criminal miscellaneous case (No. 54 of 2025) registered under Sections 62 and 64(1) of the BNS. The prosecution alleged that he was implicated because he is the father of Md. Faishal, who is accused of attempting rape. The petitioner contended that his involvement was false and solely based on his relationship to the main accused, who had already been granted bail. He had been in custody since 30 November 2025. The Court, after hearing counsel, allowed the bail application, directing his release upon furnishing a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite being implicated solely on the basis of his relationship to the main accused
  • Whether false implication constitutes sufficient ground for granting bail under Sections 62/64(1) of the BNS

Legislation cited

  • BNS — s. 62, 64(1)

Subjects

  • bail
  • false implication
  • father of accused
  • Criminal Procedure
  • Sections 62
  • Section 64(1)
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13514 of 2026
                       Arising Out of PS. Case No.-54 Year-2025 Thana- Bhalpatti District- Darbhanga
                 ======================================================
                 Md. Qamre @ Md. Quamre Alam Son of Late Md. Dawood Resident of
                 Village- Thilkatol (Adalpur), P.S.- Bhalpatti, District- Darbhanga

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sanjeev Kumar Shrivastava
                 For the Opposite Party/s :         Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Bhalpati P.S. Case No. 54 of 2025 registered for the offence

                   under Sections 62/64(1) of the BNS.

                                    3. As per the prosecution case, the petitioner is the

                   father of one Md. Faishal, who is accused of tried to commit

                   rape with the victim.

                                    4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and he has falsely been implicated in

                   this case only because of the fact that he is father of the main

                   accused who has already been granted bail vide order dated

                   08.09.2025 passed in Cr. Misc. No. 60413 of 2025. The

                   petitioner is in custody since 30.11.2025.
          Patna High Court CR. MISC. No.13514 of 2026(2) dt.25-02-2026
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                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                     6. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Chief Judicial Magistrate, Darbhanga/concerned

                    Court below in connection with Bhalpatti P.S. Case No. 54 of

                    2025.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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